INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
- AND -
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
Chairman: Ms Jenkinson
Employer Member: Mr Murphy
Worker Member: Ms Ni Mhurchu
1. Overtime rate
2. The case concerns the overtime rate for four workers who all have long service with the Company. The Claimants had worked either of two different shifts for approximately the last ten years:-
7.00 a.m. - 4.00 p.m.
7.30 a.m. - 4.30 p.m.
However, on a Thursday or Friday the Claimants worked a 12-hour shift which involves three hours overtime. The Union's case is thatfor the three hours' overtime worked the Company pays one of the hours at time plus one half instead of double time, resulting in a loss of 30 minutes pay. The workers were paid the proper rate when a new clocking system was introduced in October, 2006. The Union is seeking a retrospective lump-sum payment of €2000 for each worker.
The Union referred its case to the Labour Court on the 1st October, 2007, in accordance with Section 20(1) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 12th February, 2008, in Donegal. The Company did not attend the hearing.
3. 1. The workers have been attempting to resolve the issue for a long time but management has refused to engage with them. They should be paid double time for the three extra hours worked on the 12-hour shift. The Company's own policy states that"the relevant overtime will be the last hours which exceed the threshold of the week."
The Company failed to attend the hearing and provided no statement to the Court on its position.
The Union submitted a claim on behalf of the four claimants that the Company was not applying the correct rate for the payment of overtime. It stated that the Claimants’ normal hours of work are from 7.00 a.m. - 4.00p.m. or 7.30 a.m. to 4.30 p.m. When they work longer days from 7.00 a.m. to 7.00 p.m. or 7.30 a.m. to 7.30 p.m., they work three hours overtime in that week, however, instead of being paid three hours at double time, in accordance with the Company’s overtime policy, they are paid one hour at T + ½ and two hours at 2T.
The Union stated that the incorrect payment had been made for a number of years until a new clocking system was introduced in October, 2006, when the correct rate was applied. However, in May 2007, the Company reverted back to the old method of overtime payment when the Union raised the matter of retrospection.
Therefore, the Union sought the restoration of the overtime payment at 2T for three hours worked in excess of their normal hours and compensation in the amount of €2000 to each of the four Claimants, as retrospection for their loss of earnings.
Having considered the matter, the Court finds in favour of the Union’s claim and recommends that €2000 should be paid to each of the four Claimants and double time should be paid for the three additional hours worked in excess of their normal working hours per week, with effect from 1st March, 2008.
The Court so recommends.
Signed on behalf of the Labour Court
3rd March, 2008______________________
Enquiries concerning this Recommendation should be addressed to Ciaran O'Neill, Court Secretary.